In spite of
the fact that the constitution of Nigeria guarantees each citizens its basic
human rights, the Nigerian Senate just last week again re-introduced the Same
Sex Marriage Bill which if passed into law would criminalize person with same
sex orientation and other activities connected with them. Is this a Greek gift
to the gay at community at independence by the Nigeria Senate as we begin the
second leg of journey as a nation into a century? It occurs to us as homosexuals
that as a nation, the second phase of our nationhood is to begin by
criminalizing our own citizens and denying their basic fundamental human rights
as enshrined in the 1999 Constitution.
As citizens of this
great country and as sexual minorities, we strongly condemn the re-introduction
of Same Sex Marriage Prohibition Bill and urge the Senate to shelve the
bill. It is a totally unnecessary
Bill that will further
exacerbate the hardships of homosexual Nigerians. This bill is a waste of
parliamentary time and a disgrace to our democratic society.
The Criminal
Code of Nigeria, Section 214 and 217 already criminalize people with same sex
orientation. Why then criminalize something that is already criminal by the
statue books of the country?
Nigeria remains signatories to various International
Covenants and Treaties that protect from discrimination even on the grounds of
sexual orientation and gender identity. Notable among this is the International
Covenant on Civil and Political Rights, African Charter on Human and Peoples
Rights, International Covenant on Economic, Social and Cultural Rights. Our
signatories to these covenants and treaties mean and suggest that we do know
that persons with same sex orientation exist in the country. The mere fact that
we still hold on to colonial laws that discriminate and criminalize persons with
these orientations means that the second phase of our existence as a nation
should be a time in which we make the country non-discriminatory by repealing
discriminatory and repressive laws.
We as homosexuals’ citizens of Nigeria are amazed at the ignorance
of the Senate in wanting to pass a law on Same Sex Marriage when there is no
tolerance, acceptance and freedom for persons with a same sex orientation. There
is no place in Nigeria with evidence of same sex cohabitation. This therefore
makes this bill totally unnecessary and waste of tax payers’ money in
organizing public hearing and call for memorandums. This is total confusion.
The current laws in the criminal code of Nigeria have made
it largely possible for all sorts of violence to be committed on homosexuals in
the name of purging Nigeria of homosexuality. Just recently in Abia State
University in South Eastern Nigeria, a gang of 5 men raped a female student and
these people have not been brought to justice. Edge in 2010 reported the rape
of lesbians in Port Harcourt by a gang, saying they were curing the ladies of
their homosexuality. Where is the evidence that rape cures one of his /her
homosexuality? Edge also reports in 2010, the killing of a man in a suburb in
Lagos because of his homosexuality with Lagosians and the perpetrators of this
heinous crime claiming they were curing Lagos of homosexuals. Where is the
evidence that outright killing of homosexuals would make Lagos and Nigeria an
overtly heterosexual society?
In the spate of the recent violence and insecurity that our
nation is engulf now is time the Nigerian Parliament should rise and enact laws
criminalizing and prosecuting violence accordingly and not criminalizing the
ordinary Nigerian citizens who has a dilemma he or she cannot overcome; the dilemma
of human sexuality.
As a country we must come to the realization that a
particular percentage of our population is sexual minorities and certainly this is not the time to criminalize
people with these orientations, but a time to begin working with these people,
understanding their sexuality and why they are who they are. Criminalizing
persons with same sex orientation will not curb our society of homosexuals
neither will it make Nigeria overtly a heterosexual community. It rather will
slow back the development and growth we all yearn for as a nation. As a country
that is serious about raising its tainted reputation abroad, this is the time
to begin the re-branding; it should start with the respect of human rights,
tolerance and acceptance of the diversity found in the human race.
The consequences of criminalizing people with same sex orientation
and matters connected with them have serious consequences on the growth and
development of the country. It will be felt in all areas of the country’s life,
notably in health, judicial matters and tourism. Criminalizing people with a
same sex orientation would further contribute to the spread of HIV and make it
possible for other forms of violence and vices to be perpetrated against sexual
minorities as a result of how they express their sexualities. Bills such as
this if passed into law give room for unnecessary violence and evil in the
society.
Davis Mac-Iyalla, the former Director of Changing Attitudes Nigeria
reiterates and we as homosexuals citizens of Nigeria supports this: the only
independence worth celebrating as
country is the Freedom to Love and Equality for all Nigerians Anything
short of this is oppression. The Nigeria
government should focus on the more pressing issues affecting the country and
stop using homosexuals as their escape goat for their failures. We should not
be celebrating independence while trying to adopt a law that was given to us by
our colonial master and which they (colonial masters) have long time rejected. As
homosexuals’ citizens of Nigeria, we are not asking for a homosexual Nigeria,
what we are asking for is a non discriminatory Nigeria society in which
everyone can express their sexuality without a fear of societal demand and
violence. As we celebrate the 51st anniversary of our existence as a
nation, we call on all well meaning Nigerians, home and abroad to reject the
bill and help in protecting the lives of the very vulnerable in the society.
Long Live Nigeria
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